Blumenthal v. Torini

The only question of law preserved by the record in this *160case is the refusal of the court below to give the third and fourth instructions asked by the appellant. The instructions are inconsistent with themselves, and both are erroneous ; they are inapplicable to the issue as presented by the petition and the evidence as detailed in the cause.

We cannot enter into an examination of the weight of evidence ; that is peculiarly for the jury. Whether we would have drawn the same inferences, or rendered the same verdict, is not the question. There was conflicting testimony, and in such a case, aside…